English Contract Law: Agreement in English law, Consideration in English law, Estoppel in English law, Certainty in English contract law, Contra proferentem, Sale of Goods Act 1979
I have posted a new paper on SSRN, titled Democracy as the Rule of Law. Here's the abstract: This paper is a chapter for a forthcoming book, Prosecuting the Bush Administration: What Does the Rule of Law Require? The book does not debate whether the Bush administration violated the law in the course of the War on Terror and the wars in Afghanistan and Iraq through such actions as torture. Rather, it...
Bookstores today release American Original, Joan Biskupic’s new biography of Associate Justice Antonin Scalia. Joan gave Tom Goldstein of SCOTUSblog the first interview on the book, which you can listen to as a podcast here. Joan has been the Supreme Court correspondent for USA Today since 2001, after having served in the same role for the [...]
In 1996, Congress passed the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA), which – among other things – made it more difficult for immigrants to seek judicial review of certain administrative immigration rulings. In particular, one provision in the Act, 8 U.S.C. § 1252(a)(2)(B), stripped courts of jurisdiction to review any “decision or action [...]
Antitrust & Competition Policy Blog (Free subscription) | 4 hours ago
Posted by D. Daniel SokolRex Ahdar (University of Otago - Faculty of Law) combines antitrust and religion in his article An Antitrust Decalogue: The ten commandments of Australasian competition law. ABSTRACT: This article summarises the basic principles of Australian...
An Eighth Circuit panel today has ruled on an appeal concerning a constitutional attack on Missouri's execution protocol in Middleton v. Crawford, No. 08-2807 (8th Cir. Nov. 10, 2009) (available here). Here is the unofficial summary of the ruling from...
Senator Paul Kirk of Massachusetts and Ted Kaufman of Delaware have signed on as the newest co-sponsors of the Employment Non-Discrimination Act, S. 1584. Just as it is important to ask for support, it is also important to say thank you. Senator Kirk made the list last week, on November 4, the day before the Senate hearing. Senator Kaufman's name appeared this morning. Please take the time to call...
Attorney General Eric Holder has agreed to give a keynote speech next week to a Michigan group which includes the local branch of the Council on American-Islamic Relations even though the FBI has formally severed contacts with the controversial Muslim civil rights organization. [...] Former terrorism prosecutor Andrew McCarthy, a CAIR critic, said he was disappointed but not taken aback by the FBI�s...
If you divorce, don't expect to retire. That, in so many words, was the message delivered yesterday by Massachusetts' highest court to a prominent Boston and Washington, D.C., lawyer and former judge. The lawyer, Rudolph F. Pierce, sought to eliminate his annual alimony payment of $110,000 after he turned 65 and retired from his law firm, Goulston & Storrs (where he remains of counsel). Because...
I attended the Bilski oral argument at the Supreme Court yesterday. Despite prognostications that it would be difficult to get in, I sat in the first row behind counsels' table. It was not really the first row, as there were four seats in front of us that were next to counsels' tables. I got there at 7AM, but I believe that every member of the Supreme Court Bar was seated, even if they got there at...
Last night I was proud to be presented with a Courage Award from the New York Anti-Violence Project in recognition of the impact blogs have made in the fight for civil rights and against violence in our communities. I was...
Of late, I have been listening to historic audio recordings online. There is something haunting about hearing the voices and sounds of a world that one generally experiences only in print. Consider, for example the earliest recorded human voice, made in France in 1860. When this almost entirely incomprehensible bit of sound was captured, the election that would put Lincoln in the White House and split...
This morning the Sixth Circuit issued a short opinion in Chontos v. Berguis, No. 08-1031 (6th Cir. Nov. 10, 2009) (available here), in which the panel concludes that Michigan's distinctive structured sentencing scheme does not have a Blakely problem. I...
J. Neil Schulman has traced the history of the Dept of Defense regulation that essentially forbids military personnel to carry their own firearms on-base....
A couple of months ago I speculated that, despite everything, a legal education might be a worthwhile investment: Look at it this way: Assume for illustration purposes that a legal education buys you an annuity of $25,000 (over and above...
Yesterday at the Illinois Corporate Colloquium Jonathan Klick presented his important paper (co-authored by Jonah Gelbach and Eric Helland) Valid Inference in Single-Firm, Single-Event Studies. The paper discusses single-firm event studies, which determine the existence of abnormal returns (compared to...
WASHINGTON (Reuters) –Los Angeles Clippers basketball team owner Donald Sterling has agreed to pay $2.725 million to settle a housing discrimination lawsuit, the U.S. Justice Department said on Tuesday. Sterling, longtime owner of the NBA team and a real estate mogul, was accused of discriminating against blacks, Hispanics and families with children at apartment buildings he owns. The government said...
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